CALIFORNIA CRIMINAL LAWYERS

Los Angeles Gross Vehicular Manslaughter While Intoxicated

Understanding Gross Vehicular Manslaughter while Intoxicated in California

Legal trouble is the last thing anyone would ever wish for. It is a very difficult and delicate situation, especially when it comes to criminal offenses like Gross Vehicular Manslaughter while Intoxicated. In California, this offense is defined as per PC 191.5(b), which criminalizes the unlawful killing of an individual without malice aforethought. If convicted, the defendant faces severe penalties, including a long jail term and a hefty fine.

For the state to get a conviction, they must show beyond a reasonable doubt the following:

– The defendant operated a vehicle under the influence of alcohol or drugs.
– The defendant committed an illegal act that, in ordinary negligence, caused the death of another.
– The death occurred as a result of the defendant’s conduct.

In most cases, this offense involves fatal car accidents, where the driver responsible was drunk or high on drugs. It’s important to note that the charge applies even if the deceased is the defendant’s passenger or another occupant of a different car.

Defenses to Gross Vehicular Manslaughter While Intoxicated

It’s crucial for anyone facing this charge to retain a highly experienced attorney to help them present appropriate defenses. The lawyer will investigate whether the defendant met the criteria for being intoxicated at the time of the accident, the issue of negligence, and whether or not the police at the scene followed all procedural requirements.

Sentencing and Punishment

In California, Gross Vehicular Manslaughter while Intoxicated can be charged as either a misdemeanor or a felony. If convicted of a misdemeanor, the defendant faces up to a year in county jail and a fine of up to $1,000. On the other hand, a felony conviction is much more severe, with the defendant facing between 16 months to 4 years in county jail and a fine of up to $10,000. Additionally, anyone convicted of this offense risks losing their driving license.

How We Can Help

If faced with a Gross Vehicular Manslaughter while Intoxicated charge, retaining an experienced attorney is the smartest move. Our legal team has many years of experience dealing with such cases in Los Angeles, providing highly qualified and effective representation throughout the legal proceedings. With our knowledge and skills, we will help you achieve the outcome possible in your case. Reach out to us today to schedule a legal representation appointment.

A Summary of Gross Vehicular Manslaughter while Intoxicated

Below is a summary of Gross Vehicular Manslaughter while Intoxicated’s primary features in California:

• Definition: A criminal offense that involves the unlawful killing of a person without malice aforethought in California.
• Conviction: A conviction requires the following key elements to be established:
  • The defendant operated a vehicle after consuming alcohol or drugs.
  • The defendant committed an illegal act that caused the death of another in ordinary negligence.
  • The defendant’s act resulted in the death of another person.
• Defenses: The defense arguments to this charge depends on the factual circumstances surrounding the incident and the subsequent arrest. Possible defenses include challenging the intoxication criteria at the time of the accident, investigating the issue of negligence, and procedural irregularities by the police.
• Punishment: A Gross Vehicular Manslaughter while Intoxicated conviction can be sentenced as either a misdemeanor or a felony. A misdemeanor conviction can lead to a one-year county jail term and a $1,000 fine, while a felony conviction can result in a 16-month to four-year county jail term and a fine of up to $10,000. Additionally, anyone convicted of this offense may lose their driving license.
• Legal Representation: To avoid the severe punishment that comes with this charge in California, it’s essential to retain a highly qualified and experienced attorney to help present appropriate defenses. Our legal team has a proven track of delivering positive results in Gross Vehicular Manslaughter while Intoxicated cases.